Terms and Conditions of the SmartFilmPlus Company
Our following delivery and payment conditions apply exclusively to all contracts, deliveries and other services, including those from future contracts. The buyer’s terms of purchase and delivery, even if we do not expressly contradict them, are only binding on us if we have recognized them in writing. Our delivery and payment conditions are deemed to have been accepted at the latest when our delivery or service is accepted.
Offers and prices are always non-binding and only apply to a closed order. Contracts and other agreements only become binding with our written order confirmation. The written order confirmation can be replaced by sending our delivery note or our invoice. We are given a period of four weeks to accept an order, starting with the receipt of the order. Documents belonging to the offer such as brochures, samples, etc. are, unless expressly agreed otherwise, only approximately relevant. The conditions of purchase of the company SmartFilmPlus – Thomas Maurer Handelsagentur are part of these general terms and conditions.
Prices and Payment
Unless otherwise agreed, prices apply from our warehouse in Graz / Austria excluding packaging plus VAT at the respective statutory rate. Unless otherwise agreed, payment must be made net in advance.
Open invoices are due in full immediately, even if we have granted payment terms or installment payments, as soon as the buyer has resold the goods. There are no agreements that could result in subsequent reductions in remuneration.
If the buyer is in arrears with the payment of due invoice amounts, we can make all our claims from all transactions, regardless of the term of any accepted and credited bills of exchange, due immediately and refuse to make further deliveries or make them dependent on prepayment.
Offsetting by the customer with counterclaims is excluded, unless the counterclaims are undisputed or have been legally established. The assertion of a right of retention by the customer is excluded, unless it is based on the same contractual relationship or the counterclaims are undisputed or have been legally established.
There is no minimum purchase quantity for switchable glasses, but at least 0.5m2 of the respective type will be charged as the smallest part!
In all contracts that have defined a minimum purchase quantity within a defined period, billing is carried out in such a way that one month after the end of the period, the difference between the defined purchase quantity and the quantity actually called off / ordered is calculated and with the prices applicable at that time is billed. The product defined in the contract or the product type defined in the contract is used for billing (e.g. Outdoor Living System, Dealer Agreement is billed with the Bioclimatic Pergola!).
Delivery times given by us are approximate and may vary. The delivery period begins at the earliest with the confirmation of the order by us or by receipt of payment in the case of prepayment. The delivery deadline is met if the goods are loaded or the buyer has been notified of our readiness for dispatch by the time it expires. If delivery deadlines or dates are exceeded by us, the buyer is not exempt from setting a grace period, which must be at least four weeks, and threatening the refusal of the service after the deadline if he wants to withdraw from the contract or demand compensation.
Unless expressly agreed otherwise, delivery will be made to the buyer’s address given in the order at the buyer’s expense and risk. Unless expressly agreed, the route and type of transport are left to us. The goods are only insured upon request and at the buyer’s expense. Part deliveries are permitted.
If, after the conclusion of the contract, labor disputes, in particular strikes or lockouts or other cases of force (eg. COVID Pandemie) majeure beyond our control, which were not recognizable when the contract was concluded or which prevent timely delivery, occur with us or with our sub-suppliers, the delivery period is extended accordingly by the duration of the hindrance. We are released from our obligation to deliver if we are not supplied correctly, on time or not at all from a correspondingly concluded purchase contract. Claims for damages by the buyer are excluded in these cases.
If deliveries cannot be carried out through the fault of the buyer and if these cannot be made up by us within the deadline set by us, we can withdraw from the contract or demand compensation for non-performance. Delivery delays are also not the responsibility of the seller for the same reason.
If the buyer does not accept the purchased goods after a grace period of 2 weeks set for him, or if he expressly declares beforehand that he does not want to accept the goods, we can either withdraw from the contract or demand compensation for non-performance. As a rule, this amounts to 60% of the purchase price without special proof, unless the buyer can prove that no damage occurred at all or only at a significantly lower amount. At our option, we can also demand the actually incurred compensation instead of the flat rate. If the buyer didnt confirm the delivery and/or installation (overtaking), after 2 weeks automaticaly the order and delivery is confirmed.
If the delivery is postponed beyond the delivery date at the request of the buyer or is culpably delayed by the buyer, the goods will be stored at his own risk and expense. In this case, the notification of readiness for dispatch is the same as dispatch. The buyer has to bear the corresponding storage costs, if we store at least 0.9% of the invoice amount for each commenced month. Otherwise, the risk is transferred to the buyer when the goods are handed over to a forwarding agent or carrier, but no later than when they leave the warehouse. SmartFilmPlus can be used for certain activities such as Hire subcontractors or third parties to install glass or transport goods.
If the client provides plans with dimensions, he or his site manager are liable for the correctness of the plans and dimensions. We are only liable for production according to plan, not for information. Unless otherwise agreed, the scaffolding required to carry out our work will be set up by the customer. When working outside of our workshop, the required power and luminous flux is provided to us free of charge. Submissions to authorities, plans, drawings, etc., which are required to obtain official approvals, must be made by the customer himself at his own risk and expense. Changes (dimensions, sizes, colors …) can only be accepted if our products have not yet been ordered. All changes require a new delivery date and must be made in writing!
Notification of defects and warranty
We provide a guarantee for consumers in accordance with the statutory provisions. The warranty period for entrepreneurs is 6 months from acceptance. The contractual partner must prove the existence of defects. § 924 ABGB does not apply.
The buyer must check the delivery immediately, but no later than one day after receipt. Identified or obvious defects, inaccuracies and incompleteness are to be reported to us immediately, at the latest, however, within two days after delivery in writing and specified. Defects that cannot be detected even after careful inspection must be reported in writing immediately after they are discovered. Warranty claims are excluded if the inspection of the delivery or the notification of defects does not take place within the period specified above. No complaints can be made about customary or reasonable deviations in quality, color, weight, or design. With the resale or further processing of the goods, this is considered approved at the latest.
The buyer’s warranty claims are initially limited to rectification. We can choose to replace the defective goods instead of repairing them. The buyer has to give us the necessary time and opportunity to remedy the defect, in particular he has to provide us with the delivery complained about or – if we declare this to be sufficient beforehand – a sample of it, freight paid. When assessing the defectiveness, partial deliveries are to be assessed separately.
If the defective part can be separated or sorted out in a delivery, the buyer must accept the other part as fulfillment. The separated part is to be assessed for itself. If a defect can neither be remedied by repair nor by replacement delivery, the buyer can reduce the purchase price. A right of the buyer to conversion or replacement delivery is excluded, unless the defective goods are not for sale. Warranty claims are not transferable. The prerequisite for the consideration of warranty claims is the fulfillment of the contractual obligations incumbent on the buyer, in particular for payment. Section VI applies to claims for damages based on a material defect. appropriate application.
The warranty for used goods is excluded. Any warranty is excluded in the event of delivery from or from damaged parties. In case of delivery from remaining stock, no guarantee is given for standard size sorting.
In order to be able to fulfill the service within the scope of the guarantee, the customer is obliged to the following; the customer must pack faulty products accordingly (original packaging) and return them to us at their own expense. A copy of the original invoice must be enclosed with the package. Small inclusions (2-3 per m2) in switchable foils and glasses correspond to the usual norm and do not constitute a guarantee claim. Slight color differences between different deliveries may arise due to the production batches. Warranty cases do not include delivery or installation costs – warranty cases are generally processed (exworks).
If our products or parts thereof (e.g. switchable glasses or foils) are further processed and thus become part of a new product (e.g. insulating glass), the guarantee is limited to the basic product supplied. The assumption of damage to the new product in which the delivered basic product has become a component through manufacture by the customer is excluded. Services are generally excluded from the warranty, provided that they have Services are generally excluded from the guarantee, unless the customer complains about them during the provision. Delaminations in the switchable glass are specifically excluded from this if they are caused by the installation in insulating glass – it is essential to ensure that the edges of the switchable glass do not come into contact with the adhesive (butyl, etc.)!
The warranty does not apply to damage or malfunctions caused by improper processing (e.g. use of the wrong installation device or incorrect installation, wetroom or outdoor, soldering, storage or operation of the products) in connection with incompatible devices (e.g. transformers, power supply units, wires, conector).
Switchable glasses that are installed outdoors or in wetroom areas must be encased in a profile on all four sides and 100% sealed with silicone! Sunlight can cause slight color changes in the switchable glasses (inside and outside) over time – this corresponds to the normal behavior of the material used and is therefore not a warranty case.
If damage or malfunctions are caused by improper processing of the products (e.g. by sticking the foils on heat-insulating glass or not observing technical specifications such as max / min temperature load of switchable foils!), we are not obliged to repair or replace the defective products. If, during the inspection of the defective products, we come to the conclusion that the damage was caused by improper handling by the customer, we reserve the right to charge the customer for the costs incurred.
IMPORTANT: If the foil is subsequently glued to existing “ESG” glass, the property of the glass is changed in such a way that in the event of a glass break, those parts to which the foil sticks do not splinter as usual and fall to the ground in small pieces, but through the foil be held together in one piece. CAUTION – This can injure or endanger people or objects if they fall! Likewise, switchable foil may only be installed on the inside (for outside windows) if it is tempered glass (or partially tempered) – otherwise heat-related voltage breaks may occur! During the installation of switchable foils (these are mounted dry) dust inclusions may occur. A very small number of trapped dust particles corresponds to the standard and is to be accepted!
The connection of the SmartTrafo to the local power network and to the smartglass/smartfilm must be carried out by an certified electrician. The power network must be secured in accordance with local regulations and ensure that all regulations for the use of electrical systems are met. Please choose the right (according your local rules for elektronical equipment) material (Trafo, Voltage, wire etc.). After proper installation of all electrical components and their commissioning, the electrician must approve or approve the system accordingly!
It is essential to observe the information on our FAQ pages – there you will find information about cleaning, bonding, and the quality of the foils and glasses. The information provided there is part of our terms and conditions (http://www.smartfilmplus.com/faq and for Outdoor Living System on www.outdoorlivingsystem.com).
Retention of title
The ownership of the delivered goods is only transferred to the buyer when he has discharged all his liabilities to us from the business relationship. Pledging or assignment by way of security of goods subject to retention of title is not permitted without our consent. The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business, in the case of deliveries to commercial customers, on his part only with retention of title. The buyer undertakes to insure the goods subject to retention of title against losses or damage that is customary in the industry, in particular against lightning, embezzlement, fire, explosion, theft and water damage of all kinds. He hereby assigns to us all claims and claims against third parties to which he is entitled from the resale, insurance or other legal transactions in connection with the goods, including all ancillary rights in full as security for all claims to which we are entitled. If the value of the claims assigned to us as security exceeds a total of more than 20%, we are obliged to retransfer at the buyer’s request.
The buyer is revocably authorized to collect the claims against his customers as long as he duly fulfills his payment obligations towards us. If he does not meet his payment obligations in whole or in part, he is obliged, at our request, to notify his customers of the assignment of claims and to inform us in writing of the customers, the amount of his claims and the location of our goods and to refrain from any collection.
A treatment or processing of the reserved goods for us as a manufacturer within the meaning of § 950 ABGB, without us incurring any obligations. If the buyer processes other goods that do not belong to us, we are entitled to co-ownership of the manufactured item in the ratio of the reserved goods to the other goods used in the manufacture. The aggregates resulting from treatment or processing are reserved goods within the meaning of this section.
We are entitled to demand the surrender of the goods we own at any time if the fulfillment of our claims is endangered or the buyer or his customers violate one of the obligations incumbent on them. A right of retention cannot be asserted against this surrender claim, unless the buyer provides security in the amount of the new value of the goods requested. A withdrawal from the contract can only be seen in the request for surrender if we expressly state this in writing.
The buyer must immediately inform us in writing of all anticipated or completed access to our property by third parties or the claims and claims assigned to us – in particular enforcement measures – as well as all damage to our property. The buyer is obliged to reimburse all damages and costs, including court and legal fees, which we incur as a result of a breach of the obligations incumbent on him or through intervention measures against access by third parties. The buyer is also liable for damage caused to our property by his customer.
We are entitled to assert our rights from the retention of title – in particular the taking back of the goods delivered under retention of title – without prior withdrawal from the respective purchase contract.
Our liability for violations of contractual or pre-contractual obligations is excluded, regardless of the legal reason, provided that our legal representatives or vicarious agents are only guilty of slight negligence. In cases of gross negligence, the amount of the claim for damages is limited to the amount of damage that was foreseeable for us taking into account the circumstances that we knew or should have known at the time the contract was concluded; the above provisions also apply to claims for damages from tortious acts.
Any changes to these terms and conditions must be made in writing and confirmed by us in writing in order to be legally binding. In the event of the ineffectiveness of individual conditions, the contract and the other conditions remain in effect. The place of performance for all liabilities is Graz / Austria. The place of jurisdiction, also in the bill of exchange and check process, is Graz / Austria at our option. All contracts concluded between us are exclusively subject to Austrian law to the exclusion of the Hague Sales Law, the UN Sales Law and conflict-of-law provisions of Austrian law.